Remove category tcpa
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A Sign of Things to Come? FDCPA, FCRA, and TCPA Filings Increase in January 2022 Compared to Same Time Period Last Year

Troutman Sanders

The filing lawsuits under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA) increased dramatically in the first month of 2022 when compared to the number of filings in January and December 2021, per a report released recently by Web Recon LLC.

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Dental Plan Provider Petitions FCC for Clarification Regarding Renewal Calls

Troutman Sanders

DentalPlans is currently facing a TCPA class action in the District Court of Maryland after the plaintiff allegedly received repeated calls from DentalPlans seeking a renewal of the plaintiff’s plan. 47 U.S.C. § Act of 1991 , 21 F.C.C.R 3787, 3812(F.C.C.,

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Florida TCPA Action Survives Motion To Dismiss

Collection Industry News

Built USA, LLC, plaintiff alleged that defendant violated the Telephone Consumer Protection Act(“TCPA”) as well as the Florida Telephone Solicitation Act (“FTSA”), by sending unsolicited text messages advertising a sweepstakes contest. Why Should This Florida TCPA Case Matter to You? How to Avoid the Outcome of this Florida TCPA Case.

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FCC Creates Confusion over TCPA Prior Express Written Consent Requirement

Troutman Sanders

As we recently reported , the Federal Communications Commission (FCC) provided new maximum call guidance in a December 2020 order (Order) for callers subject to the Telephone Consumer Protection Act (TCPA). The guidance was issued prior to the implementation of new regulations capping the number of permitted calls under the TCPA.

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FCC Issues Notice of Proposed Rulemaking on TCPA Exemptions

Troutman Sanders

The TRACED Act requires the FCC to ensure that any exemption granted under the TCPA includes certain requirements, including the classes of parties that may make such calls, the classes of parties that may be called, and the number of calls that can be made to a called party. The comment period has since closed.

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New Limits on Predictive Dialers: Florida Enacts Its Version of the TCPA

Collection Industry News

Duguid, resolving a circuit split and establishing that in order for a dialing system to be considered an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), it must have the “capacity to either store or produce a telephone number based on a random or sequential number generator.”

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Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Collection Industry News

Applying traditional severability principles, seven Justices concluded that, rather than invalidate the entire TCPA, the 2015 government-debt exception must be severed from the remainder of the statute. The bottom line: the government-debt exception is gone; the rest of the TCPA remains. Questions Before the Supreme Court.